Kentucky Hospital Settles With Family After Cerebral Palsy Diagnosis

Gray & White was hired by a family of a brain injured child to sue the hospital over a botched delivery. The family contacted us after the child had recently been diagnosed with cerebral palsy. In addition, the child had begun showing signs of impaired cognitive ability and had missed several developmental milestones.

Our Investigation Proved Negligence During the Delivery Process

Our firm began investigating the case by gathering medical records and interviewing witnesses. We then assembled a team of top medical professionals to review the medical records and witness statements.

It became clear that the nurses and doctors had been negligent by failing to deliver the baby after there were noticeable signs of distress as evidenced in the fetal monitor strips. The baby's heart rate had begun decreasing significantly and the mother had stopped dilating.

Rather than delivering the child by c-section, the doctor let several hours go by with no change in status. The nurses were aware of what was happening but did nothing to help the situation. Over 16 hours elapsed before the baby was finally delivered by c-section.

Signs of Injury Were Evident Within Days of Birth

Although the initial APGARS were good, the baby began seizing and showing signs of injury within the first several days of life. A pediatric neurology consult was ordered to check for brain injury.

MRI's showed diffuse brain injury caused by a lack of oxygen to the brain. The delay in delivery in light of the decreased fetal heart caused the baby to be without adequate oxygen. Had the baby been delivered sooner, the brain injury would have been avoided.

The prior pre-natal course was unremarkable and the baby's heart rate was within normal limits for over an hour after being placed on the monitor. It was not until the trauma of the prolonged delivery and lack of proper oxygenation that the injury to the child's brain occurred.

Compensation Recovered Will Pay For Treatment and Home Modifications

After several months of litigation, the hospital settled the case. The money recovered will be used to fund a life care plan designed to provide the child with necessary therapies and provide required modifications to the family's home to accommodate the use of a wheelchair.